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participated in the issuance and dissemination of, material misstatements to the investing public which were contained in the Offering Materials, which misrepresented or failed to disclose, inter alia, the facts set forth above. By reason of the conduct herein alleged, each defendant violated and/or controlled a person who violated Section 11 of the Securities Act. 74. Ormat is the issuer of the stock sold via the Offering Materials and is strictly liable to Plaintiff and the Class for the material misstatements and omissions therein. 75. This action is brought within one year after discovery of the untrue statements and omissions in and from the Offering Materials which should have been made through the exercise of reasonable diligence, and within three years of the effective date of the Offering Materials. 76. By virtue of the foregoing, Plaintiff and the other members of the Class are entitled to damages from the defendants and each of them, jointly and severally. SECOND CLAIM Violation of Section 12(a)(2) of The Securities Act Against All Defendants 77. Plaintiff repeats and realleges each and every allegation contained above as if fully set forth herein only to the extent, however, that such allegations do not allege fraud, scienter or the intent of the defendants to defraud Plaintiff or members of the Class. This count is predicated upon defendants' strict liability for making false and materially misleading statements in the Offering Materials. 78. Defendants were sellers, offerors, and/or solicitors of purchasers of the shares offered pursuant to the Offering Materials. 79. The Offering Materials contained untrue statements of material facts, omitted to state other facts necessary to make the statements made not misleading, and concealed and failed to disclose material facts. The Individual Defendants' actions of solicitation included 27PDF Image | ORMAT TECHNOLOGIES Lawsuit
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